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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I believe my ex-partner is having domestic abuse issues. I

Customer Question

I believe my ex-partner is having domestic abuse issues. I got the police involved today but because they contacted her and she said everything is fine, there was nothing they can do.I believe that in a one-to-one conversation she would admit to me what is going on. Is it illegal to record a phone conversation or in-person conversation without the other persons consent? From Googling (which I know is never a good way to get an answer), I believe it's not actually illegal to record a phone call etc without consent.However, that recording being used as evidence or then being used by police is then not really considered much use because you could be enticing them to answer in a certain way, asking them questions a certain way to make them answer in a way "you want to" etc.So whilst they may admit something, it essentially is a useless act, even if legal to do so.Would that be correct?
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

Why are you concerned about this?

Expert:  Jo C. replied 2 months ago.

Her situation not the general@-2?

Expert:  Jo C. replied 2 months ago.

General law?

Customer: replied 2 months ago.
Well, I'm concerned that there's domestic abuse about a person and that my children live with her.
Expert:  Jo C. replied 2 months ago.

Oh I see. If you're children love there then that is a reasonable concer. I wouldn't worry about her though. She is an adult. Of women choose to live with men who abuse them then that is a matter for them. It is dangerous to get involved with them because they always turn on you.

Expert:  Jo C. replied 2 months ago.

On your primary point though, there's nothing to stop you recording her. It does offend the DPA but that wouldn't stop it being used in a criminal case.

However, they won't prosecute on the basis of her claims on tape alone. That isn't enough to meet the charging standard.

Expert:  Jo C. replied 2 months ago.

You may be able to get an injunction from the family court although I don't do family.

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